Awadhesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10300 of 2025 Arising Out of PS. Case No.-799 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.
Awadhesh Yadav S/O Bhuneshwar Yadav R/O Vill.- Kare, P.S.- Sheikhpura, Dist.- Sheikhpura 2.
Ajay @ Ajay Yadav S/O Kailash Yadav R/O Vill.- Kare, P.S.- Sheikhpura, Dist.- Sheikhpura ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Rajendra Prasad Yadav S/O Sakal Deo Yadav R/O Vill.- Kare, P.S.- Sheikhpura, Dist.- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rizwanul Haque For the Opposite Party/s :
Mr.Rabindra Kumar For the Informant :
Mrs. Kumari Anupam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Sheikhpura P.S. Case No. 799 of 2023 dated 16.11.2023 registered for the offences punishable u/ss 147, 148, 149, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, while Bablu Yadav was irrigating his field, the petitioners and the co-accused persons armed with deadly weapons came firing and caught
Patna High Court CR. MISC. No.10300 of 2025(2) dt.16-04-2025 2/3 hold of Bablu Yadav. On the exhortation of the co-accused Bhuneshwar Yadav, the co-accused, Dani Yadav cut off the right hand of Bablu Yadav and the co-accused, Manish Yadav cut off the left hand of Bablu Yadav. Thereafter, the accused persons ran away with the said cut hands.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged occurrence. The other co-accused person has already been granted bail by this court vide order dated 17.01.2025 passed in Cr. Misc. No. 88774/2024. There is a case and counter case between the parties. The specific allegation of cutting the hands of Bablu Yadav is against the co-accused persons, Dani Yadav and Manish Yadav. The petitioners have three antecedents and they are on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner no. 1 is in custody since 04.05.2024 and the petitioner no. 2 is in custody since 07.05.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.10300 of 2025(2) dt.16-04-2025 3/3 of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 799 of 2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T